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Posted By Fearghal Cunningham
We are working on a Client site where we have juat discovered that there is asbestos panels. We have already cut through some of these panels (jigsaws & drills). It is apparent that the Client knew there was asbestos on site but with changes in Client personnel this may not have been known by the Client project Personnel. Since our contractors may have been exposed to Chrysotile do we have a duty to notify the HSE (as Principal Contractor) or is it the Client as a duty holder. We are have arranged for a survey to be completed at present and awaiting the results from that for our 'retrospective' risk assessment.
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Rank: Guest
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Posted By Danny O'Donnell
Fearghal,
The Client as Dutyholder has obviously not met his/her dutuies under CAWR 2002. The Dutyholder named under these Regs has an obligation to ensure that suitable and sufficient assessment is made to identify where asbestos is or is liable to be present and to ensure that the information regarding the location and condition of all ACMs is provided to every person liable to disturb them. It doesn't sound as if the ACM in this instance would have been too difficult to locate by a Type 2 survey.
With regards your query as to who is responsible for reporting the incident to HSE, I would consider that to be something that you would undertake if you are the 'responsible person' according to the definition in Regulation 2 of RIDDOR. I think this is quite likely to be the case if you, as Principal Contractor under CDM, have been given control of the premises in which the incident took place.
Regards,
Danny
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Rank: Guest
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Posted By Fearghal Cunningham
Thanks for the message Danny.
I agree with you on the RIDDOR notification with the only confusion being that since the work is co-occupancy (Client manufacturing while we have small discreet cordoned off areas) there is a little complexity over who has control of the site. We do for when construction is taking place, the Client at all other times.
Since the people were working on our project I belive it is still up to us to report.
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